America’s murderous historical continuum
By Dr. Wilmer J. Leon, III
Trice Edney Newswire
“Can a Negro, whose ancestors were imported into this country and sold as slaves, become a member of the political community formed into existence by the Constitution of the United States … they are not included, and were not intended to be included, under the word “citizens” in the constitution, and can therefore claim none of the rights and privileges which that instrument provides for…” Chief Justice Roger Taney — Dred Scott v. Sandford (1857)
The verdict is in. Michael Dunn was found guilty on three counts of attempted second-degree murder, but the jury failed to reach a verdict on the most significant charge of first-degree murder in the shooting death of Jordan Davis.
Instead of celebrating what would have been his 19th birthday, Jordan Davis’ parents continue to mourn the legally unrecognized murder of their son. I can only imagine this verdict is analogous to killing him again. Jordan Davis has become another victim of a murderous historical continuum in America.
In the wake of the Trayvon Martin murder, the killings of Oscar Grant on New Year’s Day 2009; Sean Bell on Nov. 26, 2006; Police Sgt. Cornel Young, Jr. on Jan. 28, 2000; Police Officer Willie Wilkins on Jan. 11, 2001; Amadou Diallo on Feb. 4, 1999; and so many others, we find ourselves coming to the same conclusion: By focusing on their color, people failed to see their humanity.
The subtext to all of these untimely deaths remains race. The subtext to the inability of juries to convict the George Zimmermans and Michael Dunns of the world of murder is tied to race as well. They are the most recent victims of an American murderous historical continuum. Tolnay and Beck in their book “A Festival of Violence,” identified “2,805 victims of lynch mobs killed between 1882 and 1930 in 10 southern states. Although mobs murdered almost 300 white men and women, the vast majority of lynched victims — almost 2,500 — were African American. The scale of this carnage means that, on average, a Black man, woman, or child was murdered nearly once a week, every week, between 1882 and 1930 by a hate driven white mob.” Today, lynch mobs have been replaced by Zimmermans and Dunns, and sanctioned by “Stand Your Ground” laws and “juries of their peers.”
As Africans in America and later African Americans, we have been engaged in a struggle for a very long time. Too many of us have forgotten what’s at the crux of the issue. Many believe it’s economic, others believe its civil rights. Both of those are important and play a significant role in improving our circumstance, but what we’ve been fighting to have recognized for centuries is to be considered human.
According to the Virginia Statutes on Slavery, Act 1, October 1669; what should be done about the casual killing of slaves? “If any slave resist his master and by the extremity of the correction should chance to die, that his death shall not considered a felony, and the master should be acquitted from the molestation, since it cannot be presumed that prepense malice should induce any man to destroy his own estate.” We were property, part of the estate — not human.
In Dred Scott, Chief Justice Taney wrote, “…they (Negroes) were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the government might choose to grant them.” Unfortunately, Taney’s perspective remains prevalent in the minds of too many Americans.
For decades, the law recognized the value of life over property. In many jurisdictions, before a person could use deadly force they had a duty to retreat. They had to prove the use of deadly force was justified. This is often taken to mean if the defendant had first avoided conflict and secondly, had taken reasonable steps to retreat and so demonstrated an intention not to fight before eventually using force, then the taking of a life could be considered justified.
Today, Stand Your Ground has turned this long-held principal on its head. Today, it provides individuals (seemingly mostly European Americans) the right to use deadly force (seemingly against African Americans) to “defend” themselves, without any requirement to evade or retreat from a circumstance of their own creation.
One cannot stress enough, in both the Trayvon Martin murder and the murder of Jordan Davis, both victims were in public space, engaged in legal activity, and at the time they were confronted were not a threat to anyone. George Zimmerman and Michael Dunn initiated the confrontations, put themselves in harm’s way, and then took matters into their own hands, choosing to use deadly force against unarmed and non-threatening innocent victims. Neither Martin nor Davis were given the opportunity to stand their ground.
What ties the death of all of the individuals listed above together is the culturally accepted stereotype of the threatening Black male. Defense counsels in the murder of Trayvon Martin, Jordan Davis, Amadou Diallo and so many others rationalized these irrational shootings by tapping into the oftentimes unspoken but clearly recognized and understood fear of the Black male.
Even though no weapon and nothing resembling a weapon was found in the vehicle, Jordan Davis was riding in, at least one member of the Dunn jury understood his claim he was in fear of his life. Even though Trayvon Martin was unarmed, members of the Zimmerman jury understood on a gut level his claim that he was in fear of his life. Amadou Diallo was armed with only his wallet when NYPD unleashed a barrage of 41 bullets striking him 19 times.
Since those first 20 or more African “indentured servants” disembarked from the Dutch man-of-war off the shores of Jamestown, Va., in 1619 (395 years ago) Africans in America and now African Americans have been victimized by a murderous historical continuum.
Dr. Wilmer Leon is the Producer/ Host of the Sirius/XM Satellite radio channel 110 call-in talk radio program “Inside the Issues with Wilmer Leon” He can be reached at www.wilmerleon.com, via email at email@example.com., at www.twitter.com/drwleon and get Dr. Leon’s Prescription at Facebook.com.